New Zealand Case Law: Decisions & Judgments

Topic

Lay litigant disbursements

Legal area

Court

16 Sept 2021

HOLT v DEMETRIADES [2021] NZHC 2437

Citation

[2021] NZHC 2437
Court

High Court

The discontinuing plaintiff must contribute to the defendant's costs per r 15.23; reasonable disbursements paid by a lay litigant are recoverable but must be limited and not exceed equivalent scale costs; the Court awarded $4,000 as recoverable disbursements for pre-representation solicitor fees (subject to affidavit proof of payment), $110 filing fee, and $10,252.60 for the legally represented period (legal aid-funded fees and disbursements), and refused the claimed 50% uplift and other excessive elements of the claim.
2 Jul 2020

BUCHANAN CONSTRUCTION LTD v WATSON [2020] NZHC 1537

Citation

[2020] NZHC 1537
Court

High Court

Respondent entitled to recover only those disbursements that were incurred for the purpose of the proceeding in this Court; the $110 filing fee for the notice of opposition to the leave application was recoverable and is awarded, but solicitor fees incurred for the District Court hearing are not recoverable in the High Court and must be pursued, if at all, in the District Court.
20 Jul 2012

THE OFFICIAL ASSIGNEE v NORRIS HC NEL CIV 2011-442-000080

Citation

openlaw-57ca8ab6_f542_43df_9701_2e8757feaa46.pdf
Court

High Court

The court exercised its discretion to award a fixed contribution of $11,000 to the defendant for out-of-pocket expenses for the discovery and strike out applications because the claimed amounts lacked sufficient detail, some staff costs were reasonably attributable to those applications, and a practical fixed sum was appropriate rather than parsing contested invoices or offsetting on account of the further and better particulars application.
31 Jul 2009

KNIGHT V THE VETERINARY COUNCIL OF NEW ZEALAND AND ORS HC WN CIV-2007-485-1300

Citation

openlaw-f5e7fb9b_c8e9_41b9_b6d3_7338dce4e675.pdf
Court

High Court

The Court held that Dr Knight, as a successful lay litigant in judicial review, was entitled to recover proper and reasonable disbursements under r14.12: the defendants' offered disbursements subject to verification are recoverable; fees paid to Blomkamp Cox ($1,786.50) and any other legal advice demonstrably related to the proceedings are recoverable; airfares for persons acting as McKenzie friends for hearings where they performed that role are recoverable; lost wages are not recoverable; adjournment costs not attributable to a party are not awarded.

New Zealand Case Law

HOLT v DEMETRIADES [2021] NZHC 2437

BUCHANAN CONSTRUCTION LTD v WATSON [2020] NZHC 1537

THE OFFICIAL ASSIGNEE v NORRIS HC NEL CIV 2011-442-000080

KNIGHT V THE VETERINARY COUNCIL OF NEW ZEALAND AND ORS HC WN CIV-2007-485-1300